We try to ensure that all our products and services are of a high quality and fit for the purpose described.

PRODUCT WARRANTIES AND LIABILITY

1 The Seller warrants that its products shall conform to the description of such products as provided to the Buyer by the Seller in the Seller’s catalogue or other literature. This warranty is a substitution for and (to the extent permitted by English Law) excludes all other conditions and warranties, whether as to quality or fitness for any particular purpose or otherwise, whether express or implied by statue, common law or otherwise.

2 The Seller shall not be liable under the warranty in clause 9.1 in the event that the Buyer has miss-used the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by the Seller or these conditions.

3 The Seller’s sole and exclusive liability and Buyer’s exclusive remedy with respect to products proved to be defective or non-conforming to the warranty in clause 9.1 shall be replacement of such products without charge or a refund of the purchase price, in Seller’s sole discretion, upon the return of such products in accordance with Seller’s instructions.

4 Seller shall not in any event be liable for any loss of profits, loss of business opportunity or any indirect, incidental, or consequential losses of any kind resulting from any use or failure of the products, even if the Seller has been advised of the possibility of such. If the Products do not meet the standard of satisfactory quality under the Sale of Goods Act 1979 on delivery, Tests4health will, at its option, replace the Products or refund the purchase price to the Customer, provided that the Customer:

5 The buyer provides Tests4health with the purchase order number, invoice number or buys on-line.

6 The buyer stores and uses the Products in accordance with any instructions given by Tests4health

7 The buyer notifies Tests4health of the defect within seven (7) days after delivery; and

8 The buyer retains the defective Product and returns it to MHS on request.

The remedy stated as above at 9.1 and 10.3 is the sole remedy of the Customer if any Product is defective. Except where the Customer deals as a consumer (within the meaning of the Unfair Contract Terms Act 1977), no other warranty or condition is to be implied between the Customer and MHS as to the quality or fitness for a particular purpose of the Products.

9 Tests4health believes that the Instructions for Use and any other information given to the Customer about the Products is accurate, but accepts no liability for any inaccuracies or omissions in that information.

9.1 No warranty or condition is to be implied into the contract between the Customer and MHS that the Products or the information supplied to the Customer does not infringe any patents or other intellectual property rights of any third party.

9.2 In any event, Tests4health will not be liable to the Customer for any indirect or consequential losses sustained by the Customer as a result of any defects in the Products or as a result of any breach by MHS of these Terms & Conditions or of any terms and conditions implied by law.

9.3 Nothing in these Terms & Conditions excludes or limits the liability of MHS for death or personal injury caused by MHS’s negligence, for fraud or fraudulent misrepresentation or for any other matter for which it would be illegal for MHS to exclude or attempt to exclude its liability.

Terms and Conditions for sample collection and laboratory analysis of samples for the detection of drugs 

Please read these terms and conditions carefully, they contain important information about your rights and obligations.

MODERN HEALTH SYSTEMS LTD  (hereinafter referred to as TESTS4HEALTH) will carry out substance misuse analysis on biological samples when the following has been received:  

i. Written or verbal instructions or Purchase Order to TESTS4HEALTH by the Customer or their duly authorised legal representative. 

ii. All samples relevant to the required analysis as agreed by TESTS4HEALTH and the Customer. 

2. Written/verbal instructions or by either electronic or hard copy to TESTS4HEALTH to carry out the Services will be deemed an order. The order will usually be counter-signed for at the time of collection after the extent of the procedures and the limitations of the analysis are explained by the authorised collection officer.  The order may be cancelled by the Customer at any time by notice in writing. In such circumstances a Cancellation Charge will be applied by TESTS4HEALTH as set out in the current Price List. 

3. TESTS4HEALTH reserves the right to cancel or discontinue any case in the light of information not disclosed at the time of order or any defect in the chain of custody protocols or the sample. In such circumstances a cancellation charge may be made. 

4. TESTS4HEALTH reserves the right to withhold reports, statements and analysis results if the Customer fails to pay the full charges within the time scale shown at 5 below.

5. The Customer agrees to pay TESTS4HEALTH in full for its charges at the time or within 30 days by prior agreement of the date appearing on the invoice. which shall not be affected by legal aid or other considerations. 

6. TESTS4HEALTH does not accept responsibility for any acts or omissions of the collector arising from negligence or otherwise however caused. 

7. In cases where the sample supplied is less than the amount requested or where, in the opinion of TESTS4HEALTH scientists the quality of the sample is unsatisfactory, TESTS4HEALTH reserves the right to abort the process or decline the sample or request further samples be taken at the Customer's expense. In any event the full charges will apply. 

8. TESTS4HEALTH will not accept responsibility for samples taken in a manner otherwise than that specified in the instructions to the sample collector, nor taken from persons other than those specified. Likewise, responsibility will not be accepted for samples damaged either in transit or due to transit conditions. 

9. TESTS4HEALTH will make every endeavour to us a UK base laboratory for the analysis of samples however where due to the complex nature of the sample analysis or the limitations of such laboratories TESTS4HEALTH reserves the right to use diagnostic laboratory services that may be outside the UK.

 10. In the event of the donor failing to be present at the time agreed, or a failure by the donor to actively co-operate in providing the sample the collection TESTS4HEALTH reserves the right to abandon the process. In such circumstances full charges will apply. 

11. TESTS4HEALTH shall exercise all reasonable care and skill in the performance of the Services but does not represent, guarantee, or warrant that any particular result will be achieved. 

12. TESTS4HEALTH shall not be liable for any failure in the performance of its obligation under the Contract caused by factors or circumstances outside its control. 

13. All information supplied to TESTS4HEALTH in connection with the Service and all results produced will be treated as confidential by TESTS4HEALTH. Written reports will only be issued to those persons named on the Request for test form or to any Court who has ordered the analysis. Results will not be made available by telephone.